Report of Regents Professional Practice Committee to The Board of Regents

Your Professional Practice Committee held its scheduled meeting on February 10, 2015. All committee members were present, except for Regent James E. Cottrell who was excused. Chancellor Merryl H. Tisch, Regent James C. Dawson, Regent Kathleen M. Cashin and Regent James R. Tallon, Jr. were also present, but did not vote on any case or action.

ACTION ITEMS
Professional Discipline Cases
Your Committee recommends that the reports of the Regents Review Committees, including rulings, findings of fact, determinations as to guilt, and recommendations, by unanimous or majority vote, contained in those reports which have been distributed to you, be accepted in six cases and be clarified in two of those cases. In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 42 consent order applications and 11 surrender applications be granted. [PPC EXS (A) 1-3]

In the Matter of James C. Kent, Physical Therapist Assistant, Cal. No. 26488, we recommend that the Regents Review Committee report, hearing panel report, and Statement of Charges in this matter each be deemed to show that the correct title of respondent’s profession is “Physical Therapist Assistant”, not “Physical Therapy Assistant”; and that the third paragraph of the first page of the Regents Review Committee report be deemed deleted and, in lieu thereof, be deemed substituted to read as follows:

The hearing panel report and all attachments are hereby corrected so that any reference to “physical therapy assistant” or “licensed physical therapy assistant” is amended to “physical therapist assistant” and “certified physical therapist assistant”, respectively; any reference to “license” or “licensure” regarding respondent’s professional title is amended to “certificate” and “certification”, respectively; and the word “petition” in paragraph “5” on the last page of the Regents Review Committee report be deemed amended and the words “Statement of Charges” be deemed substituted in lieu thereof.

In the cases of Marina U. Shimuny, Dentist, Calendar No. 27438 and Marina U. Shimuny, Registered Professional Nurse, Calendar No. 27439, we recommend that the respective reports of the Regents Review Committee each be clarified to explain when the period of probation is to be served and to read, immediately following the words “that execution of the last eighteen months of said suspension be stayed, and that, upon service of the order in this matter,” and in substitution for the remainder of this sentence beginning with the words “and therefore concurrent with both the actual and stayed portions of the suspension,” “respondent be placed on probation for two years under the terms of probation set forth in the exhibit annexed hereto, made a part hereof, and marked as Exhibit B, which period of probation will run concurrently with the period of suspension imposed and therefore commence when the actual period of suspension commences.”

These recommendations are made following the review of 59 cases involving fifteen licensed practical nurses, eleven registered professional nurses, four certified public accountants, three dentists, three licensed practical nurses who are also registered professional nurses, three pharmacists, two physical therapists, two respiratory therapists, one architect, one chiropractor, one land surveyor, one licensed master social worker who is also a licensed clinical social worker, one massage therapist, one physical therapist assistant, one psychologist, one respiratory therapy technician who is also a respiratory therapist, one speech-language pathologist, one veterinarian, and one veterinary technician.

Restorations
Your Committee recommends the following:
That the application of Benjamin J. Salloum for the restoration of his license to practice as a chiropractor in the State of New York be denied. [PPC EXS (A) 4]

MOTION FOR ACTION BY FULL BOARD
Madam Chancellor and Colleagues: Your Professional Practice Committee recommends, and we move, that the Board of Regents act affirmatively upon each recommendation in the written report of the Committee's deliberations at its meeting on February 10, 2015, copies of which have been distributed to each Regent.

MATTERS NOT REQUIRING BOARD ACTION
Your Committee discussed several topics of interest, including:
Deputy Commissioner's Report/Update [Oral Report] –

- Full Board Consent Agenda Items
- Board (Re)Appointments
- Licensing Petitions
- Permission to Operate – University of Connecticut
- Emergency Action - Applied Behavior Analysis
- Updates on OP Initiatives
- Technology Update
- Legislation Update
- Staffing/Productivity Update

Regulations Relating to Continuing Education for Optometrists [PPC (D) 1] – Proposed amendment to section 66.6 of the Regulations of the Commissioner of Education relating to the continuing education requirements for optometrists certified to use therapeutic pharmaceutical agents. The proposed amendment provides such optometrists with more flexibility in satisfying their continuing education requirements by expanding the list of methods of study that the Department will consider acceptable for continuing education purposes. [PPC (D) 1]

Regulations Relating to the Practice of Medical Physics [PPC (D) 2] – Proposed amendments to Section 52.31 and Subparts 79-8.5 and 79-8.6 of the Regulations of the Commissioner of Education Relating to the Requirements for Medical Physics Education Programs and Eligibility for a Limited Permit in a Specialty Area of Medical Physics. [PPC (D) 2]